Ajith v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Ajith

... Petitioner / Accused No.3 Vs State rep by The Inspector of Police, PEW-Theni, Theni District. (Crime No.202 of 2023). ... Respondent / Complainant For Petitioner : Mr.K.Arunraj, Advocate. For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C PRAYER :- For Bail in Crime No.202 of 2023 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner/3rd Accused, who was arrested and remanded to judicial custody on 07.03.2023 for the alleged offence punishable under Sections 8(c), 20(b)(ii)(C), 25, 29(1) of NDPS Act, 1985, in Crime No.202 of 2023 on the file of the respondent Police, seeks bail.

¶2The case of the prosecution is that on 07.03.2023 on secret information received by the respondent Police, they conducted raid near V.P.R. Private college, Kodangipatti to Podanthipuram Cross Road, meanwhile, the petitioner coming in the two wheeler bearing Registration No.TN 60 BY 1981, the petitioner found in possession of 1.100 kgs of Ganja and the same was seized by the respondent Police. Hence, the complaint.

¶3The learned counsel for the petitioner would submit that the petitioner is an innocent and is not way connected in the above alleged occurrence. He is the college student and is in judicial custody from 07.03.2023.

¶4The learned Additional Public Prosecutor would submit that based on the confession statement of this petitioner only, 24.7 kgs of Ganja recovered from the co-accused

¶5Since it is a commercial quantity, I find no reason to differ from the earlier order that was passed by this Court dated 14.06.2023, no new ground is made and I find absolutely no change of circumstances.

¶6Considering the facts and circumstances of this case, considering that huge amount of contraband is involved and if the petitioner is released on bail, he may abscond and investigation process will be affected. Hence, I find no reason to entertain this petition. This petition deserves dismissal and accordingly dismissed.

sd/-

10/07/2023

/ TRUE COPY /

/08/2023

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023. INDU To

1.The Inspector of Police, PEW Theni, Theni District.

2.The Officer Incharge, District Jail, Theni.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.12448 of 2023 Date :10/07/2023 ED/MMS/SAR- (02/08/2023) 3P / 4 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023